Wittliff Article

Robert L. Elliott
A T T O R N E Y A T L A W
: Certified Civil Trial Specialist : National Board of Trial Advocacy :
E-mail : elliottlaw@attorneyelliott.com

Wittliff reaches settlement shortly before verdict read

By Mike Christopulos
Sentinel Staff Writer

A settlement was reached in Phil Wittliff's personal injury case Friday night, just minutes before a Circuit Court jury reaches a verdict after deliberating for 6 hours and 50 minutes.

Circuit Judge Patricia S. Curley accepted the settlement terms and dismissed the jury without having its verdict read. The jury's verdict became moot in light of the settlement reached by attorney's Robert L. Elliott, Douglas Caroll and Randy S. Parlee.

All three attorneys said they were happy a settlement was reached, but declined to say how much money Wittliff would receive.

According to a copy of the jury verdict obtained by the Sentinel, the jury found neither driver in the accident negligent. Under that scenerio, Wittliff would have received no money. A source said that for Wittliff to have recovered any monetary damages the jury would have had to found at least one driver 1% negligent and to have caused the accident.

During the trial, Elliott had argued that the jury should award Wittliff $3.8 million while both Parlee and Carroll said he was entitled to only $500,000.

Wittliff, executive vice president and general manager of the Milwaukee Admirals, had filed a lawsuit against Roman T. Kostick, of Ladysmith, alleging that Kostick was driving his pulpwood truck and trailer in a negligent manner. Kostick and several insurance companies were defendants in the case.

Wittliff suffered a torn aorta, six crushed ribs, a fractured clavicle, a punctured lung and a cut on his head. Wittliff was injured when a team van in which he was a passenger collided with Kostick's truck and trailer on ice covered US Highway 8 and 51 near Tomahawk Jan.13,1988.

The van was driven by Howard Larson, the Admiral's director of operations. The van was traveling west and the truck and trailer east.

"It wasn't the most pleasant three weeks of my life, but I'm happy it was settled and we didn't have to go through the trauma of a verdict," Wittliff said. Wittliff said he didn't want to comment "on the dollar amount" he'll receive.

"We think all the parties are pleased with the settlement; we certainly are," said Elliott, Wittliff's attorney.

"We're real happy the way it turned out," said Kostick. "We're satisfied. At least I wasn't found negligent."

Carroll, Kostick's lawyer, and Parlee, who represented Larson, both said they were happy with the jury's verdict. One source said Elliott guessed "right" and Carroll and Parlee guessed "wrong" in going the settlement route.

Juror Daniel Vitek, of Oak Creek, said he wasn't disappointed a settlement was reached before the jury could render its verdict. "I think this case should have been settled out of court long before this."

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